Agriculture & Water Quality Shifting Perceptions & Shifting Policies

Transcription

1 Agriculture & Water Quality Shifting Perceptions & Shifting Policies Associate Martha Noble Senior Policy

2 National Sustainable Agriculture Coalition Founded 1988 National coalition of 84 grassroots family farm, conservation, rural development member groups Farm Bill Wins: Conservation Stewardship Program Wetlands Reserve Program Environmental Quality Incentives Program Organic Initiative... And more

3 Background: Agriculture as the Exception in the Law Historically, federal and state legislatures have granted agricultural operations and activities exemptions or special provisions in a wide array of laws. Labor Law Tax Law Land Use Law Environmental Law Etc.

4 Background: Agriculture and Special Relation with the Federal Government U.S. Department of Agriculture Conservation Programs Commodity Programs Credit & Risk Management (Crop Insurance) Market Regulations & Oversight Food Safety (with other agencies) Etc.

5 Agricultural Industrialization Livestock & Poultry

6 Agriculture and Industrialization: Larger Scale Point Sources of Discharge Land application of CAFO waste can result in pollution of surface and groundwater by nutrients, salts, animal pharmaceuticals, etc. Ammonia air emissions from CAFOs can be deposited in water as nitrogen pollutants. (NRCS PHOTOS)

7 Agriculture & Aquatic Ecosystems Water Pollution: Water Erosion and Drainage Surface water erosion carrying sediments, nutrients, pesticides to waterways (NRCS PHOTO) Field tile drainage carrying sediment and other pollutants to waterways (NRCS PHOTO)

8 Agriculture & Aquatic Ecosystems: Water Pollution Impacts... The greatest pollution threat to coastal marine life today is the runoff of excess nitrogen from fertilized fields, animal feedlots, and urban areas. Pew Oceans Commission, America s Living Oceans: Charting a Course for Sea Change (2003) Agricultural land uses and practices are of central importance to nutrient and sediment loads into the Mississippi River and the Gulf of Mexico.... National Research Council, Mississippi River Water Quality and the Clean Water Act (2008)

9 9 states in the Mississippi River Basin contribute more than 75% of the nitrogen and phosphorus to the Gulf of Mexico 66% of nitrogen originates from cultivated crops, mostly corn and soybean ( U.S. Geological Survey)

10 Raccoon River Watershed Des Moines River Watershed Land Use

11 Reflective of: Increased use of N Changes in practice and drainage Increased use of river water as water demand increased

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13 Agriculture Tile Drainage Systems Contributes to the export of contaminants Contribution to flooding?

14 Agriculture & Aquatic Ecosystems Water Pollution: Wind Erosion Wind erosion from bare fields carrying soil which also may include nutrients, pesticides, etc. (USDA NRCS PHOTO) Dramatic soil erosion in Kansas dust storm May 2004 It takes an average of 500 years to form one inch of topsoil under normal agricultural conditions

15 Clean Water Act & Agricultural Nonpoint Source Pollution Clean Water Act point sources do not include agricultural stormwater runoff or irrigation return flows (?? Drainage tile outlets) Clean Water Act Total Maximum Daily Load process does include assessment of agricultural nonpoint pollution and watershed plans that involve agricultural field runoff and tile drainage e.g. Chesapeake Bay TMDL process

16 Agriculture and Water Quality: Dual Jurisdiction Federal Clean Water Act a floor for state regulations. National Pork Producers Council v. EPA (Federal 5 th Circuit Court of Appeals) (March 2011) federal Clean Water Act does not require a CAFO to obtain a permit if the CAFO has not had a discharge of pollutants in the waters of the US. Michigan Farm Bureau v. Dept. Environmental Quality (Michigan Court of Appeals) (March 2011) Michigan administers the Clean Water Act under Michigan law and under Michigan law CAFOs can be required to obtain a permit without a discharge of pollutants).

17 The Federal Farm Bill and Water Quality Comprehensive legislation governing farm, food, fiber, nutrition and rural policy Authorized every five to seven years since the Great Depression

18 2008 Farm Bill Food, Conservation & Energy Act of 2008 (HR 6124) 15 titles in the 2008 farm bill (5 new in 2008 Farm Bill) Commodity Programs * * Conservation ** Agricultural Aid and Trade Nutrition programs Farm Credit (Conservation Loans)* Rural development* Research * Forestry* Energy * Horticulture & Organic Agriculture (2008)* Livestock (2008) Crop Insurance & Disaster Assistance (2008)** Commodity Futures (2008) Miscellaneous Trade & Tax Provisions (2008)

19 Conservation Compliance Conservation compliance is the tying of numerous Farm Bill subsidies and benefits provided to farmers and ranchers with requirements that farmers and ranchers meet minimal conservation requirements. Sodbuster conservation plan and implementation for soil erosion control. Swampbuster prohibition on breaking out wetlands for cultivation of commodities.

20 FARM BILL FUNDING FOR CONSERVATION 2008 Federal Farm Bill has an estimated $24.1 billion from FY2008-FY2012 ($$ currently in flux) for -- Conservation Technical Assistance for farmers and ranchers and nonindustrial private forest landowners. Conservation Programs that provide cost share and incentive payments to farmers, rancher, and non-industrial forest landowners for conservation planning and conservation practice implementation. Grants, cooperative agreements and other funds for non-profit organizations that partner with farmer and ranchers, non-industrial private forest landowners, federal and state agencies, etc. on efforts to improve the conservation performance of farms and ranchers.

21 USDA s Natural Resources Conservation Service Administers most of the conservation programs (except Conservation Reserve Program Conservation Reserve Enhancement Program administered by the Farm Service Agency & NRCS; Grassland Reserve Program ) Focuses on Agricultural Working Land, except Wetlands Reserve Program / WREP) Three levels National Headquarters State Conservationists District Conservationists

22 NRCS ACTION AT THE NATIONAL LEVEL Promulgates Regulations for Implementing Farm Bill Conservation Programs Issues Program Manuals, Guidance, & Directives Develops National Conservation Practice Standards Develops Resource Quality Criteria for Soil, Water, Wildlife, etc.

23 NRCS STATE CONSERVATIONISTS: THE STATE LEVEL Refines Conservation Practice Standards in Field Office Technical Guides State conditions Significant Decisions for Programs Ranking criteria Identification of resources of concern (including water quality) Other conservation priorities Partners with non-profits for Conservation Technical Assistance

24 State Technical Committees (STC) & Local Working Groups (LWG) Advisory Committees to State Conservationists with input on key decisions 2002 Farm Bill opened the State Technical Committees to nongovernmental organizations 2008 Farm Bill opened the Local Working Groups to groups that work with farmers, ranchers and those with conservation expertise outside the government NSAC and others working to ensure that STC / LWG meetings open, transparent, timely, responsive NSAC and other groups networking to increase the knowledge and voice of conservation and sustainable agriculture organizations at federal, state and local level

25 NRCS Local Working Groups (LWGs) NRCS District Conservations have oversight over LWGs LWGS led by State Conservation Districts. (may called Soil & Water Conservation Districts, etc.). State Conservation Districts originated in a Standard State Enabling Act circulated by Federal government to the states in USDA needed a state/local level partner to work with the new Soil Conservation Service (now the NRCS) and did not trust country governments. Viewed as an avenue to reach private landowners without direct federal dictates or personnel

26 State Technical Committees Roles and Responsibilities / Programs (i) Agricultural Water Enhancement Program (ii) Chesapeake Bay Watershed Initiative (iii) Conservation Compliance (iv) Conservation Innovation Grants (v) Conservation Reserve Program (vi) Conservation Security Program (vii) Conservation Stewardship Program (viii) Conservation of Private Grazing Land (ix) Cooperative Conservation Partnership Initiative (x) Environmental Quality Incentives Program (xi) Farm and Ranch Lands Protection Program (xii) Grassland Reserve Program (xiii) Grassroots Source Water Protection Program (xiv) Grazing Lands Conservation Initiative (xv) Great Lakes Basin Program (xvi) Technical Service Providers (xvii) Voluntary Public Access and Habitat Incentive Program (xviii) Wetlands Reserve Program (xix) Wildlife Habitat Incentive Program

27 State Technical Committees Roles and Responsibilities / Recommendations (i) Priority natural resource concerns in the State. (ii) Criteria for priority watersheds for programmatic focus. (iii) Appropriate mix of conservation programs and practices to address natural resource concerns, including coordination with relevant State and Tribal programs. (iv) Cost-share rates as applied in payment schedules for conservation practices. (v) Techniques for outreach to historically underserved citizens. (vi) Criteria to be used in ranking program applications. (vii) Conservation practice standards. (viii) Innovative conservation practices and approaches.

28 Conservation Stewardship Program (CStP) CSP rewards farmers with financial and technical assistance for improving the environmental performance of their operations targeted to priority resources of concern. The program takes a comprehensive, whole farm management approach to improving a farm s environmental performance. CSP emphasizes rewarding active long-term management of conservation farming systems and provides payments for continuous improvement of a farming operation s environmental performance. State NRCS office, with advice from its State Technical Committee, designates 3-5 three and five priority resource concerns for each watershed or eco-region in the state.. Farmers are provided with financial and technical resources to address these three resource concerns with conservation systems and practices that include establishment and management of perennial farming systems and grass-based livestock systems and the use of use of cover crops and continuous cover cropping systems. CSP also provides enhanced payments for resource conserving crop rotations (RCCR).

29 Conservation Stewardship Program (CStP) Funding for CStP bundles of practices and systems. E.g. cropland bundles applies to more conventional farms that need additional conservation to protect water quality. It consists of no-till, split N application, N scavenging cover crops, and widening of an existing riparian or other conservation buffer. Three of the five pastureland bundles feature water quality protection through such enhancements as intensive rotational grazing, use of native grasses and legumes, managed access to water bodies, and non-chemical brush and weed control.

30 Stream Buffer: Before & After

31 Managed Grazing

32 Winter Annual Cover Crop Winter annual cover crop: No-till drilled into Soybean residue after grain harvest

33 Farm Bill Conservation Programs Environmental Quality Incentives Program Provides cost-share and technical assistance for farmers to establish conservation practices on their land. Many EQIP practices address water quality concerns with priority for farms subject to regulation. Can be stepping stone program to qualify for CStP.

34 EQIP: Farm Land Drainage Before Before, Diversion Slide 34

35 EQIP: Farm Drainage- After After, Diversion Slide 35

36 Farm Bill Conservation Programs Wetlands Reserve Program, Voluntary program that provides technical and financial assistance to private landowners who want to restore, protect and enhance wetlands in exchange for retiring eligible land from agriculture.

37 Farm Bill Conservation Programs Conservation Reserve Program The Conservation Reserve Program (CRP) conserves and improves soil, water, and wildlife resources in two ways. First, the General Sign-up CRP temporarily removes whole fields from agricultural production by paying farmers to establish long-term conserving cover, primarily grasses and trees, on land that has been in row crop production. Second, the CRP also has a continuous signup provision, or ccrp, aimed at encouraging farmers to establish riparian buffers, grass waterways, contour grass strips, and other specific partial field conservation practices on land in agricultural production. This targeted ccrp provides for the critical addition of infield and edge of field practices that can control the flow off the land of water laden with nutrients and provide nitrogen sinks and catchments for phosphorus and sediment. USDA s Farm Service Agency administers the CRP.

38 CRP Stream Buffer: 100 feet out from the stream on both sides

39 Conservation Effects Assessment Project (CEAP) USDA Natural Resources Conservation Service, Agricultural Research Service & Land Grant University work to determine performance outcomes of various conservation practices. Water quality managing land only for soil erosion control may exacerbate nitrogen leaching into soil and then to waterways through subsurface routes. Need a suite of practices.

40 Regulatory Landscape for Agriculture Will continue to shift in the coming years as more as incentives and demands are made for food, fiber, fuel, open space, recreation, and other amenities from agriculture.

41 Which Agricultural Landscapes? Which Farming Systems

42 What Conservation Outcomes? NRCS PHOTO NRCS PHOTO

43 NSAC Grassroots Guide to the 2008 Farm Bill Hard-copy version with basic information on each of thirtyfour 2008 Farm Bill programs most important to sustainable agriculture, serving both as a report from the trenches of what survived the most recent farm bill fight, and as a guide to new policies and funding opportunities for farmers, ranchers, and grassroots organizations. Web-based version updated with information on USDA implementation of the key 34 programs.

44 Stay Informed! Farm Bill Action Center Weekly Updates & Timely Action Alerts Background information Contact: Martha Noble //